Middlebury register. (Middlebury, Vt.) 1886-1937, 1887-06-10
ADDISON COUNTY COURT.

X'The June term of the county court
opened at the court house in this village
on Tuesday morning. These are the Off
GERS Hon. j. w. Rowel of West Ran
dolph, presiding Judge; Hon. W. 5.
Wright of Waltham and Hon. Myron
Plat of Shoreham, assistant judges;
Rufus Wainwright, Esq, clerk; Howard
Clark, I'd, sheriff Chas. NJ. Wilds, Esq,
States attorney; Miss f. NJ. Ballou.
stenographer. Among the out-of-town
lawyers present were Gov. Ormsbee of
Brandon, Hon. f. II. Hard, Hon. Henry
Ballard and A. " Spaldng of Burling-
ton. Hon. Walter c. DuntOn of Rutland,
Hon. g. W. Grandey and Messrs. Smith
and futile of Nergennes. w. W. Rider of
Bristol, j. II. Senter of Montpelier and
c. f. Kingsley of Salisbury.
Prayer was offered by Rev. Mr.. Palmer,
pastor of the Baptist church. The grand
jury was called, sworn and charged, and
at once entered upon its duties, Hon.
II. B. Williams of Monkton having been
appointed foreman. The petit jurors
were also sworn and charged.
The call of the jury calendar showed
the first case ready for trial to be W. II.
Smell VS.. A. p. Upper and others, name
ly, II. ID. Maynard and W. III. Allen. 1t
was an action of trespass tor false I'M
prisonment, the damages claimed being
$1,000. In the summer of 1885 the plain
tiff ran, and still runs, a billiard saloon
in the Dyer block in this village. y pc
titon asking the selectmen to close the
saloon having been presented to them,
they ordered it closed. But Mr.. Smell,
acting by advice of counsel, opened it.
Then, in the October following, upon
complaint made by Mr.. Allen. who was
one of the seectmen, Mr.. Maynard. act
ing as justice of the peace, issued. at the
instance of Mr.. Upper, who then held
the office of special prosecutor, war
rant for Smells arrest upon the charge of
having kept his saloon open 30 days after
he had been ordered by the selectmen to
close it. On the hearing before Maynard
Smell was ordered to furnish S4O0 bail
for appearance at the county court; but
the respondent failing to procure bail,
the Justice issued Il mittimuS and Smell
was committed to Jail. The next day he
was taken to Rutland on writ of habeas
corpus. and Judge Neazey ordered his
bail reduced to $50. The supreme court
has decided, in the case which grew
out of the habeas corpus proceedings.
that the village trustees and not the Sc
lectmen, have the power to regulate the
billiard saloons; for while the general
law gives that power to selectmen. the
charter of the village. empowering the
village to regulate them. takes that power
from the selectmen. The day was con-
sumed in the submission of evidence and
arguments. The defendants counsel.
Just before adjournment urged that Il
verdict should be ordered for their eli
ents. inaSmuch as there was no cause of
action. Wednesday morning the court
gave its decision, which was that the
state of facts presented showed no cause
of action, as the defendant Allen was
simply doing what any one who made a
complaint did. and the others were only
exercising official functions. \ verdict
was accordingly ordered for the defen-
dants. Eldredge Il Slade and Hon.
Henry Ballard for Smell: Hon. +. X.
Hard and Messrs. Upper Il Bliss for the
defendants.
The next case taken up was Daniel w.
Smith VS.. Town of Ripton. In 1888 A
G. Chandler, constable in Ripton. took a
horse from the plaintiff in replevin
suit brought by 5. c. Gibbs of Ripton
against the plaintiff. The signers of the
replevin bond given by the constable
were Gibbs and Chas. ID. Belden of Rip
ton. The judgment of the county court
in the Gibbs-Smith case was for the re-
turn of the property and damages.
Belden has moved from Ripton and Gibbs
is not financially sound; consequently
Smith can't get any satisfaction out of
the county courts Judgment and wants
the town to make him good for the al
legged fault of its officer, the constable.
The town claim that Beden was solvent
and that Smith might have got his dues
out of him if he hadn't neglected too
long the enforcement of his rights under
the Judgment. The case occupied the
courts attention all Wednesday and yes
terday. Messrs. Upper and Bliss appear
for the plaintiff and Messrs. l.. +. Knapp
and w. w. Rider for the defendant.
How long the term will last it is not
easy to surmise till the grand jury is
heard from. They will probably indie,
Frank +. Morseman for the murder OF
Chas. G. IIinckley at Salisbury last fall
and are quite likely to furnish other bust
ness. 1t is understood the Flint cast
will be tried again this term. The pros
pect is good for two or three weeks OF
court yet.
The remaining cases on the jury calen
dar have been disposed of as follows: W
n. Farnham V. Charles \. Chapman,a apt.
Enos Douglas and wife V. +. ID. Hall, W
ii. Smell, apt. V. Charles Supernau, JOIN
Markham " Dennis Grant, John Mark
ham and wife V. Dennis Grant ct al, III
r. Holden and wife V. Charles Howard
apt.-for trial; Town of Ripton V. Tow
of Lincoln, pauper case, Judgment en-
tered by agreement for plaintiff; X. +
Bentley V. p. b. Cloyes, apt, non
suit entered; Town of Salisbury Y. c
Billings and j. Fletcher V. NJ. A. Nun
roe, continued; Amos G. Matthews V. Al
vim Sturdevant and Emily King V. Valen
tine Miner, discontinued. The new-entr,
docket will show IL court and l6 chan
Gerry cases. Among the former are j
Y actions for divorce. II